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HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV MISRA, AJAY KUMAR-II
Sanjay Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Mr. Jata Shankar Pandey, the learned counsel for appellant, the learned A.G.A. for State-opposite party-1.
2. Challenge in this Criminal Appeal is to the judgment dated 15.09.2025 passed by Additional District and Sessions Judge, Court No. 18, Agra in Sessions Trial No. 1823 of 2022, State vs. Anand Kumar and Others , under Sections 307, 323, 504 and 506 IPC, Police Station Tajganj, District Agra, whereby the accused-opposite parties 2 to 4 have been acquitted by Court below of the charges framed against them.
3. Brief facts of the case are that on 28.05.2018, at about 5:30/5:45 p.m., the complainant Sanjay Kumar was going at his work place, as usual, as soon as he reached near the house of accused persons, all the accused persons (opposite parties 2 to 4) surrounded the complainant, opposite party 4 Anand Kumar took out his knife and by brandishing his knife remarked that he will not leave him alive, at this, other accused persons, (opposite parties 2 to 4) started beating the complainant with kicks and fist, and then opposite party 4 tried to give a knife blow on the chest of the complainant, the complainant saved his chest by forwarding his lef
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
The court upheld the acquittal of the accused due to unexplained delay in FIR lodging and lack of corroborative evidence, emphasizing the presumption of innocence.
The presumption of innocence must prevail in appeals against acquittal, requiring compelling evidence to overturn a trial court's decision.
In appeals against acquittal, material contradictions in prosecution witnesses, doubtful presence, and failure to examine natural witnesses entitle accused to benefit of doubt where two views possibl....
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
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